[WSBAPT] Estate Sale Contract

[Tom Westbrook]

Hi Amy,



I believe there are some cases about unilateral termination provisions
being substantive unconscionable due to a clause in the contract that is
one-sided or

overly harsh. For a case dealing with substantive unconscionability in a
different setting, see Zuver, 153 Wn.2d at 303.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Amy Goertz
*Sent:* Saturday, May 02, 2020 6:04 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Estate Sale Contract



Good morning all,



In September, my client signed a short one-page contract to have an estate
sale at her parent’s home through a company she had used before. The
contract allows the company to cancel the sale at any time, but has no
similar provision for the client to cancel. The client's family plans to
move into the house after the sale. Due to some issues on both sides (but
mostly my client) the sale was delayed in the Fall and is now on perma-hold
with the current quarantine situation. During this time, the company has
had keys to access the property and have been coming in and out of the
house reviewing and pricing items. They indicate they have spent 80 hours
doing so. Recently, my client left a personal item at the house and it
disappeared. The company denied taking it but after several heated
exchanges, the item mysteriously re-appeared at the house. Now my client
has lost faith in the company, is frustrated with the indefinite delay due
to the corona virus, and wants desperately to move into the house. Any
thoughts on getting her out of this contract?



Thanks in advance -





*Amy J. Goertz, J.D.*

*Goertz & Lambrecht PLLC*

amyjgoertz at icloud.com



1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:

2829 S. Grand Blvd., Suite 303
Spokane, WA 99203



Additional office locations:

510 Bell Street
Edmonds, WA 98020



Goertz & Lambrecht PLLC

www.goertzlambrecht.com
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